HomeMy WebLinkAbout03242014 Planning & Zoning Work Session Packet Seward Planning & Zoning Commission
Work Session Packet
10
March 18, 2014
City Council Charnbers Beginning at 6.00 p.m.
15.10.140 Definitions.
Hawking: Hawking means the loud or continuous audible solicitation of business by a vendor to
the general public.
Mobile Vending: Mobile vending is defined as the peddling,vending, selling or offering for sale
of any item of value from a mobile vending trailer or vehicle.
Mobile Vendor: Mobile Vendor means a person or business that sells food or permitted types of
-- goods from City-approved locations using a licensed vehicle capable of movement or from a
licensed trailer pulled behind a motor vehicle.
Roving Vendor: Roving means a person who offers only pre-packaged food items to
the public, with or without the use of a licensed motor vehicle, from one or more locations on
public property, primarily rights of way within designated zoning districts, or from no fixed
location.
Table 15.10.225. -Land Uses Allowed Table
(Deletions are Bold Strikethroughs; Additions are Bold Italic Underline
Districts: Principally Residential Principally Commercial Principally
Public
Uses RR R1 R2 R3 UR OR AC HC CB I RM I INS P
Merchant, Transient'** 0 0 0 0
Mobile Vendor P P P P P P P P P P P
Roving Vendor P P P P P P P P P P P
*** Merchant,Transient currently allowed within four zoning districts
Mobile Vendor as defined in section 15.10.140 B of this chapter and which are allowed in
accordance with table 15.10.225 are subiect to the following develoUment requirements
1. An application for a mobile vendor vehicle must be submitted on a form provided by the
City Clerk's office yearly with colored pictures of at least two different angles of the unit
you are applying to license and a description that includes the length and width, when in
its widest configuration. All rules and Regulations concerning mobile vending vehicles
may be provided by the City Clerk.
2. Mobile vendors may operate on private property in all zoning districts where mobile
vending is permitted, with the permission of the property owner and in the following
locations:
A. On portions of city streets or in city-owned parking lots, as designated in this
chapter.
B. Within City Parks, in spaces or zones designated by the Parks and Recreation
Department Director.
3. The Seward. Police Department has the right to close down or request a mobile vendor to
relocate if vending is causing or contributing to an imminent public safety hazard.
4. Mobile vending is not allowed on the grounds of any school unless as part of a school
authorized function.
5. No mobile vending shall take place on public property between the hours of 10:00 p.m.
and 6:00 a.m. unless otherwise posted.
6. A mobile vendor may only offer, for the exchange of money, the following types of
goods and services on public property:
*. Food and or non-alcoholic beverages;
*. Handicrafts, artwork,jewelry or similar goods;
*. Firewood.
7. Separation Requirement. Separation requirements except when operating in connection
with a festival or special event, mobile vendor vehicles must locate at least sixty five
(65) feet from:
A. Any fixed-base food service establishment with an operating kitchen
measured from the front door; and
B. Any hotel, bed and breakfast, motel, hostel, or inn measured from the
nearest edge of the property.
8. Licenses: In addition to complying with City of Seward ordinances related to mobile vendors
and these regulations,the owner and operator is responsible for applying for and obtaining all
other necessary city licenses required for the service of food and beverages. The mobile vendor
vehicle must be in compliance with the motor vehicle laws of the State of Alaska, and the mobile
vendor vehicle owner is responsible for verifying that a specific location does not violate City
zoning code.
10.Mobile vendor locations: Locations other than those on private property or those permitted
through the City's competitive bid process, are based on a first come, first served basis. There
will be no designated parking spots for specific mobile vendors.
Z
11. In locations on public property where mobile vendors are permitted to operate, vendors shall
comply with all parking rules.
12. Mobile vendor vehicles may not be parked overnight on city streets or in city parking lots.
13. Mobile vendor vehicles must be self-contained when operating, except for the required trash
and or recycling receptacles which shall be in a safe location and in no event shall impede the
free movement of automobiles or pedestrians.
14. Mobile vendor vehicles must serve to the sidewalk or esplanade next to a sidewalk when
parked in spaces parallel to City sidewalks.
15. It shall be unlawful for a vendor to attract customers by hawking or physically accosting
persons.
16. Each mobile vendor vehicle must provide the City of Seward with a certificate of insurance
to cover public liability in the amount of at least$100,000. Prior to acceptance of their permit,
vendors shall execute an instrument under the terms of which the permittee shall agree to
indemnify, defend, and hold harmless the City of Seward from any and all claims for injury or
damage to persons or property suffered in connection with vendor activities.
17. Any mobile vendor base station must be properly licensed.
18. Mobile vendor vehicles shall comply with the City's noise requirements.
14. Failure to adhere to the regulations for mobile vendor is cause for revocation or suspension
of license/permit by the City Clerk.
20. Mobile vendors shall display required permits:
A. During all hours of operation, a vendor shall display the applicable vendor permit
in a prominent location on the vending stand or on the vehicle from which the
business is conducted pursuant to the permit, so it is protected from the weather
and easily visible to the public.
B. A mobile vendor shall maintain the following documents, as applicable, at the
vendor site or in the vehicle from which the business is conducted pursuant to the
permit and shall display them to any person upon request:
i. Current state business license for the business operated pursuant to the permit;
ii. All government permits relating to the service of food or beverages offered by
the vendor; and
iii. A certificate of the insurance as required
3
Roving Vendor as de cned in section 15.10.140 B of this chapter and which are allowed in
accordance with table 15.10.225 are sub'ect to the followinz development re uirements:
1. Roving vendors shall not vend on any public street where the legal speed limit exceeds
25 miles per hour.
2. Roving vendors shall not vend on any public street before 6:00 a.m. or after 10:00 p.m.,
unless otherwise posted.
3. Vend only when the vehicle is lawfully parked or completely stopped.
4. Vend on public streets from the side of the vehicle away from moving traffic, and
within one foot of the curb or edge of the street.
_ 5. Roving vendors shall not vend or permit the vehicle to stand in one place in any public
place or street for more than(30)minutes or in front of any premises for any time if the
owner of or lessee objects.
6. An application for a roving vendor vehicle must be submitted on a form provided by the
City Clerk's office yearly with colored pictures of at least two different angles of the unit
you are applying to license and a description that includes the length and width, when in
its widest configuration. All rules and Regulation concerning roving vendor vehicles may
be provided by the City Clerk.
7. The Seward Police Department has the right to close down or request a roving vendor to
relocate if vending is causing or contributing to an imminent public safety hazard.
8. Roving vendors are not allowed on the grounds of any school unless as part of a school
authorized function.
9. In addition to complying with the City's ordinances related to roving vendors and these
regulations, the owner and operator is responsible for applying for and obtaining all other
necessary city licenses required for the service of food. The roving vendor vehicle must
be in compliance with the motor vehicle laws of the State of Alaska, and the roving
vendor vehicle owner is responsible for verifying that a specific location or route does not
violate City zoning code.
10. Roving vendors shall comply with all traffic rules.
11. Roving vendor vehicles may not be parked overnight on city streets or in city parking
lots.
12. Each roving vendor vehicle must provide the City of Seward with a certificate of
insurance to cover public liability in the amount of at least$100,000. Prior to acceptance of
their permit,vendors shall execute an instrument under the terms of which the permittee shall
agree to indemnify, defend,and hold harmless the City of Seward from any and all claims for
injury or damage to persons or property suffered in connection with vendor activities.
13. Any roving vendor base station must be properly licensed.
14.Roving vendor vehicles shall comply with the City's noise requirements
15. Failure to adhere to the regulations for roving vendor is cause for revocation or
suspension of license/permit by the City Clerk.
16.Roving vendors shall display required permits.
A. During all hours of operation, a vendor shall display the applicable vendor permit
in a prominent location on the vending stand or on the vehicle from which the
business is conducted pursuant to the permit, so it is protected from the weather
and easily visible to the public.
B. A mobile vendor shall maintain the following documents, as applicable, at the
vendor site or in the vehicle from which the business is conducted pursuant to the
permit and shall display them to any person upon request:
i. Current state business license for the business operated pursuant to the
permit;
ii. All government permits relating to the service of food or beverages
offered by the vendor; and
iii. A certificate of the insurance as required
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Definition: 15.10.140 Mobile Food Vehicle shall mean a food establishment that is located upon a
vehicle,or which is pulled by a vehicle, where food or beverage is cooked, prepared and served for
_ individual portion service, such as a mobile food kitchen; provided however that a mobile food vehicle
shall not be considered a food service establishment.
15.10.225
Zoning Districts Principally Residential Principally Commercial Principally Public
Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P
Mobile Food Vehicle CP CP CP CP CP CP CP CP CP
Mobile Food Vehicle
1. An application for a Mobile Food Vehicle must be submitted on a form provided by the City Clerk's
office yearly with colored pictures of at least two different angles of the unit you are applying to license
and a description that includes the length and width, when in its widest configuration. All rules and
Regulation concerning Mobile Food Vehicle may be provided by the City Clerk.
2.Operation from 6:00 a.m.to 10:00 p.m. Mobile Food Vehicles may operate on private property in all
zones where Mobile Food Vehicle s are permitted, with the permission of the property owner and in the
following locations:
a. On city streets or in city-owned parking lots.
b. In Industrial Zones.
c.City Parks in areas designated by the Parks and Recreation Department Head
3. The Seward Police Department has the right to close down or request a Mobile Food Vehicle
relocate, where in the opinion of the Department,the Mobile Food Vehicle vending is causing or
contributing to an imminent public safety hazard.
4. Mobile Food Vehicles are not allowed on the grounds of any school unless as part of a school
authorized function.
5. Mobile Food Vehicles are not allowed in cemeteries.
6.Mobile Food Vehicles are only allowed in residential zones where construction is ongoing and no
residents within 100 feet of vendor raise concerns
7. Separation Requirement:
a. Except when operating in connection with a festival or special event, Mobile Food Vehicles
must locate at least sixty-five(65)feet from:
i. Any fixed-base food service establishment with an operating kitchen measured from
the front door; and
b
ii. Any hotel, bed and breakfast, motel, hostel, or inn measured from the nearest edge of
the property.
8. In addition to complying with the City's ordinances related to Mobile Food Vehicle s and these
regulations,the owner and operator of a Mobile Food Vehicle is responsible for applying for and
obtaining all other necessary city licenses required for the service of food and beverages,the Mobile Food
Vehicle itself must be in compliance with the motor vehicle laws of the State of Alaska, and the Mobile
Food Vehicle owner is responsible for verifying that a specific location, does not violate a zoning
ordinance of the City.
9. Mobile Food Vehicle locations, other than those on private property or those permitted through the
City's competitive bid process, are based on a first come, first serve basis;there will be no designated
_ parking spots for specific Mobile Food Vehicle vendors.
10. In locations on public property where Mobile Food Vehicles are permitted to operate, Mobile Food
Vehicle s shall comply with all parking rules,except that Mobile Food Vehicles otherwise operating
lawfully on city-owned property may, in any twenty-four(24) hour period, "feed"any parking meter once
in order to extend the maximum parking time by two times(2x)the usual maximum parking time limit.
11. Mobile Food Vehicles may not be parked overnight on city streets or in city parking lots.
12. Size limitations: Mobile Food Vehicles must not exceed ten(10)feet in width, including any side
extensions or awnings. Mobile Food Vehicle s in parking spaces on city-owned property must not exceed
twenty-four(24)feet in length, including the length of any trailer hitch,trailer, or other extension. If the
- Mobile Food Vehicle is parked on private property, the Mobile Food Vehicle with attached trailer, or
other extension must not exceed forty(40)feet in length.
13. Mobile Food Vehicles must be self-contained when operating, except for the required trash and/or
recycling receptacles which shall be in contact with the Mobile Food Vehicle, in a safe location and in no
event shall impede the free movement of automobiles or pedestrians.
14. Mobile Food Vehicles must serve to the sidewalk or esplanade next to a sidewalk when parked in
spaces parallel to City sidewalks.
15. Only food and/or non-alcoholic beverages are allowed to be sold on City property.
16. Each Mobile Food Vehicle vendor must provide the City of Seward with a certificate of insurance to
cover public liability in the amount of at least$100,000.00
17. The Mobile Food Vehicle base station must be inspected and properly licensed
18. Mobile Food Vehicle s shall comply with the City's noise requirements
19. Failure to adhere to the regulations for Mobile Food Vehicle is cause for revocation or suspension of
license by the City Clerk.
. A�f k,,, �--- CZ I- -
15.10.140 Definitions.
B.
95. Transient merchant. Any person, partnership, firm or corporation, whether a resident of the
city or not, who engages in a temporary business, within a period not exceeding 150 consecutive
days in a calendar year, of selling and delivering goods and/or services, wares and merchandise
for profit or nonprofit within the city by operating on a door-to-door, street corner or similar
basis; or from no fixed location or office; or from a location out-of-doors or in quarters that are
easily moveable, such as a temporary leased area or space, motor vehicle, trailer or tent. Includes
peddlers, solicitors, itinerant merchants and vendors. Does not include vehicles for hire.
15.10.225. Land uses allowed.
(c)
Transient merchants as defined in section 15.10.140B. of this chapter and which are
allowed in accordance with table 15.10.225 are subject to the following development
requirements:
(1) For purposes of this chapter, such use and storage of equipment shall be
limited to a period not exceeding 150 consecutive days in a calendar year.
(2) Transient merchant facilities shall be and remain legally licensed and road
ready and shall be removed completely from the property at the end of 150 days.
(3) Transient merchants shall provide for the concealed storage of all inventory,
supplies, equipment and other materials brought to the site in connection with the
business conducted there.
(4) Transient merchants using vehicles and trailers in the operation of transient
business activities authorized by this chapter shall ensure that the area of operation
meets the required setbacks as provided by section 15.10.220. In no case shall the
allowed area of operation be less than five feet from any property line, permanent
structure or other transient merchant.
(5) Prior to operation, vehicles and trailers utilized for transient merchant
purposes shall have blocked tires and be fully skirted to match the vehicle or trailer.
(6) Any additions, including, but not limited to, porches, platforms and decks,
shall be sided or painted to match or complement the vehicle or trailer prior to
operation.
(7) Every transient merchant shall provide sufficient trash receptacles on-site
and ensure the proper disposal of all garbage collected on the site.
(8) The use of generators is prohibited.
(9) No transient merchant shall conduct business on property owned or operated
by the city except in accordance with chapter 8.10 of this Code.
(10) Transient merchants shall conform to all federal, state and local laws.
b
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Dwayne Atwood
From; Ron Long
Sent; Tuesday, March 18, 2014 4:12 PM
To: Donna Glenz; Dwayne Atwood
Subject: FW:Wanting to know about mobile vendor issue
FYI
From: Elle Zernia [mailto:info@captainjacksalaska.com]
Sent:Tuesday, March 04, 2014 12:50 PM
To: Ron Long
Subject: Wanting to know about mobile vendor issue
Hi Ron,
I hope your winter is going well. I heard you had some trouble with your shoulder and hope you are feeling
better. I wanted to email you and find out the specifics about people being able to have mobile vending units
on city and public properties. I have a number of concerns about this concept and wanted to get your take on
them as you may have a different perspective than I do. I wanted to email instead of call to make sure I got all
my thoughts down.
I'm going to get this out of the way. There is a seafood truck that comes to town and sells out of the back
(has the big tacky yellow signs) and it drives me crazy. I had asked the city clerks office about it back in June
and was told they do not have a city business license and they don't pay sales tax. I called about it again last
week and was told that they could write a letter, but that was all they could do. Should the property owner in
these cases be fined for having an illegal business that doesn't pay tax on their property? Not to be a brat, but
does that mean if I don't have a city business license and I refuse to pay the $50,000+ in sales tax every year
(that I do now), all I get is a concerned letter? That brings me to one of my concerns about mobile vendors
being allowed on city/public property. If the city doesn't can't even regulate violating businesses now on
private property, how can, as legal businesses we be confident that the city will uphold the policies and
regulations for these new mobile vendors? How will these new vendors be regulated and made to comply?
For as long as I have had my business, we as businesses have always been told in some way, that if you want
to do business in Seward, go buy or rent a spot and "build" a business. Don't get me wrong, I see the cost
benefits to a mobile business, but I don't see how they should have different rules than myself, who has
invested in buying buildings and paying rents for private or city owned property and land leases. I feel
confident in saying that the city land lease I pay is considerably more than a mobile vending permit would be.
Then there is the issue of "where" they will be allowed. I would not want a seafood truck to be allowed in
the parking lot next to where my business is, nor would I want a food truck to be parked in a public/city area
across the street from a restaurant. I also don't want to seem like I am totally against this idea. For example, I
think a firewood truck at the front of the campground would be a great amenity for campground users. It
would allow them to not have to drive their large RV's around, and potentially lose their favorite camping
spot. But, I also know there is probably someone out there who will hate the idea.
In Anchorage,there are only 7-8 specific "spots" in the downtown area that mobile vendors are allowed
and they are given out by lottery, and only that vendor can be at that location. As in Anchorage, I don't think
they should be allowed to drive and park where ever they want at anytime they want. They should have to go
thru the same public planning and zoning process as the rest of us, so others can voice their concerns and they
should have their "one spot" that they can be at, and that's the only spot.
10
am all for "new " businesses in Seward and I like the Bombai Tai food truck and the fruit truck that
occasionally comes to town (does it have a license?), but I don't think they should be allowed free reign of
public/city areas. I also do not want to see a free for all, where every fishing charter company that doesn't
have an office, sets up shop out of the back of a Ford pick-up in the parking lot. I know that the rules put in
place need to be consistent for everyone. I will make sure to get the schedule of any work sessions or council
meetings that involve this issue to stay up on what it happening.
really appreciate you taking the time to read this far (maybe I should start writing books!) and I value your
opinions. If you could please let me know what you think of what I've said, or any new ideas you think should
consider on this issue. Feel free to pass this on to someone else if you think they would have additional
insight.
Thanks again and I look forward to hearing from you,
Elie Zernia
Captain Jack's Seafood Locker
Zernia Enterprises, Inc.
907-224-8082
www.captainiacksalaska.com
info@—captainiacksalaska.com
captainiacksalaska.com
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